As reported by Alisha A. Pina in the December 22, 2013 edition of the Providence Journal, the Lincoln Police Department is searching for a hit and run driver involved in an accident over the weekend. The accident occurred on Saturday night when a driver hit a pedestrian. The pedestrian was transported to the hospital with injuries. The driver fled the scene and police are trying to find them.
Pursuant to Rhode Island General Laws 31-26-1, leaving the scene of an accident or hit and run, is defined as the driver of any vehicle knowingly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop the vehicle at the scene of the accident or as close to it as possible, but shall then immediately return to and in every event shall remain at the scene of the accident until he or she has fulfilled the requirements of Section 31-26-3. A stop shall be made without obstructing traffic more than is necessary.
The penalties vary based on the level of injury to the other people involved in the accident. Leaving the scene of an accident resulting in injury is punishable by a mandatory loss of license for at least one year and not more than five (5) years and imprisonment for not more than five (5) years and/or fined up to five thousand dollars ($5,000).
Leaving the scene of an accident resulting in serious bodily injury is punishable by imprisonment for not less than one year and for not more than ten (10) years and by a fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000). The sentencing judge shall have the discretion to sentence the person to any unit of the adult correctional institutions. Additionally, the license of the person shall be revoked for a period of up to two (2) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize refusal to issue a license and until the person gives proof of financial responsibility pursuant to chapter 32 of this title.
Serious bodily injury is defined to include any physical injury that creates a substantial risk of death or causes serious physical disfigurement or protracted loss or impairment of the function of any bodily member or organ. It is unclear how serious the pedestrian's injuries are, which will determine the level of the criminal charge if the driver is found.
Leaving the scene of an accident resulting in death is punishable by imprisonment in the state prison for not less than two (2) years and for not more than fifteen (15) years, in any unit of the adult correctional institutions in the discretion of the sentncing judge, by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), and his or her license to operate a motor vehicle shall be revoked for a period of three (3) years. The license privilege shall not be reinstated until evidence satisfactory to the administrator of the division of motor vehicles establishes that no grounds exist which would authorize the refusal to issue a license, and until the person give proof of financial responsibility pursuant to chapter 32 of this title.
If you or family member has been charged with drunk driving, drunk driving - death resulitng or hit and run, please allow Attorney Robert H. Humphrey's reputation, experience and skill to successfully gudie you through the legal process. Please contact Attorney Robert H. Humphrey, Esq., at 401-816-5862 or e-mail him at rhh@rhumphreylaw.com